ILR through partner - Not on Spouse visa

[imanhami84]

Hi,
My wife and I have been living together in the UK for over 9 years. She has come to the UK before me on a Student visa (Tier 4). Then after her studies, she has been on my visa as a dependent. Recently she applied for ILR since she has stayed in the UK for over 10 years. I would like to know if I can apply for ILR since my partner has been granted ILR? I have never been on a spouse visa but I can prove that we have been living together for over 9 years. I have been living in the UK since OCT 2010 and currently, I am on Tier 2 Visa which will run out by the end of May 2020. This means that my visa expires before I reach the 10-years stay. I know I can apply for a spouse visa to fill the 4 months and then apply for ILR, however, the cost would be too much. It will cost me about £2000 to get a spouse visa and the after 4 months I have to spend another £2500 to apply for ILR.
I was wondering if I could directly apply for ILR since my partner has been granted the status and we have been living together for over 9 years?
Many thanks for your help.

[CR001]

No, you can't apply for ilr. You need either 10 years legal stay, 5 years tier 2 or 5 years spouse visa.

There is no route to apply for ilr simply because she has ilr.

[imanhami84]

Thanks a lot for the reply.

One of the requirements for the Spouse visa is to provide 'any details of criminal convictions'. I do not have any criminal record and I hold a DBS since 2015. I have lived in the UK since 2010. Do I need to provide 'Criminal record clearance' from Iran (my home country) as well?

Also, I would like to know if applying for the spouse visa, how much is the IHS fee?
How many years should I pay for IHS? 2.5 years or 5 years?

If after 4 months of obtaining the Spouse visa, I apply for ILR, would I be eligible to ask for a refund for IHS fee that I have paid?

Many thanks!

[CR001]

Where does it state you need a criminal record clearance for a spouse visa??

IHS for a 2.5. year FLR(M) spouse visa is £1000.

It is a 2.5 year visa, that is what IHS you pay, not 5 years.

If after 4 months of obtaining the Spouse visa, I apply for ILR, would I be eligible to ask for a refund for IHS fee that I have paid?

Unlikely.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You will not get a refund if:

your visa application is successful but you do not come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
rou’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

[imanhami84]

Thanks for your reply.

As I understand the IHS is £400 a year so it is £1000 for 2.5 years.

This means that I will have to pay £2033 including the application fee (£1033) and IHS for 2.5 years (£1000).

Thanks for your help.

Regarding the 'criminal record' please visit the link below:
https://www.gov.uk/uk-family-visa/provide-information

Many thanks for your advice.

[CR001]

Correct on fees.

It does say details of convictions, which is simply to be completed in the form. It does not state you need a criminal clearance cert for a spouse visa.